LAWS(KAR)-2012-8-428

K.M. ISMAIL S/O LATE HASSAN Vs. STATE BY IN-SPECTER OF POLICE, NAPOKLU -POLICE STATION, REPTD. BY SPP, HIGH COURT BUILDING, BANGALORE - 560001

Decided On August 01, 2012
K.M. Ismail S/O Late Hassan Appellant
V/S
State By In -Specter Of Police, Napoklu -Police Station, Reptd. By Spp, High Court Building, Bangalore - 560001 Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned HCGP for the respondent -State. Petitioner seeks quashing of the proceedings pending in C.C.No.612/2003 on the file of the Pri.Civil Judge (Jr.Dn) 8a JMFC, Madikeri, on the ground that the other accused who faced the trial were acquitted by the trial court in S.C.No.115/03 on 04.03.2006.

(2.) REFERRING to the aforesaid judgment of the trial court, the prayer is to quash the proceedings against this petitioner, as no purpose would be served in asking this petitioner to face the trial.

(3.) HAVING perused the judgment of the trial court in S.C.No.115/2003, the acquittal of the other accused persons therefore is a factor to be taken into consideration. As such, this petition is allowed and the proceedings against the petitioner in C.C.No.612/ 2003 on the file of the learned JMFC, Madikeri, also stands quashed to meet the ends of justice.